Pake v. Wilson
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. John Moore. This was an action of assumpsit brought by the appellee, J. C. Wilson, against the appellant, L. J. Pake; and sought to recover an amount alleged to be due froni the defendant to the plaintiff upon an account. The facts of the case are sufficiently stated in the-opinion.
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Appeal from the Circuit Court of Perry. Tried before the Hon. John Moore. This was an action of assumpsit brought by the appellee, J. C. Wilson, against the appellant, L. J. Pake; and sought to recover an amount alleged to be due froni the defendant to the plaintiff upon an account. The facts of the case are sufficiently stated in the-opinion. On the trial of the cause, the defendant requested the court to give, among others, the following written charge: “If the jury believe the evidence, they will find for "the defendant.” The court refused to give this charge, and the defendant duly…
1Opinion of the CourtHabalson, J.
The suit is on an account “for goods and merchandise sold and delivered by the plain*242tiff [J. C. Wilson] to W. 0. Hudson, on, to-Avit, the 4th day of January, 1897, at the request of defendant [Pake].”
The plea on Avhich issue was joined and the case tried Avas, “that the alleged contract on Avliich the suit was brought, is a parol promise to ansAver for the debt, default or miscarriage of another, and that neither such agreement nor any note or memorandum thereby [thereof] expressing the consideration is in Avriting subscribed by the party to be charged thereAvith, or some other person by him…
2Cases cited2 opinions
- Webb v. Hawkins Lumber Co.Supreme Court of Alabama · 1893
- Fuller v. GraySupreme Court of Alabama · 1899
3Cited by7 opinions
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
- J. Zimmern's Co. v. GranadeSupreme Court of Alabama · 1924
- Cameron v. Haas Bros. Packing Co.Alabama Court of Appeals · 1911
- Grady v. Dierks Lumber & Coal Co.Supreme Court of Arkansas · 1922
- Symons v. BurtonIndiana Court of Appeals · 1925
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